'Dead as fried chicken': Senate Republicans lash out after Supreme Court ethics bill clears committee

20 July 2023

The United States Senate Judiciary Committee on Thursday in an 11-10 vote along party lines advanced The Supreme Court Ethics, Recusal, and Transparency Act for a floor debate in the upper congressional chamber. According to its sponsor, Senator Sheldon Whitehouse (D-Rhode Island), the bill "would require Supreme Court justices to adopt a code of conduct, create a mechanism to investigate alleged violations of the code of conduct and other laws, improve disclosure and transparency when a justice has a connection to a party or amicus before the Court, and require justices to explain their recusal decisions to the public."

But as Politico reports, the measure faces almost certain defeat in the House of Representatives, which just like in the Senate, Republicans view "as an erosion of separation of powers and an attack on the conservative court."

Thursday's hearing lasted more than three hours, Politico notes, wherein lawmakers "struck down more than a half dozen Republican amendments, on topics such as the size of the court, punishing leakers and further regulating stock trades by lawmakers. But GOP committee members never called up the vast majority of the more than 60 amendments they said they planned to offer."

According to Politico, "The Whitehouse proposal would give the court 180 days to adopt and publish a code of conduct and allow the public to submit ethics complaints that would be reviewed by a randomly selected panel of lower court judges. It also would establish more stringent rules for disclosure of gifts and travel. Justices would also be subject to clearer rules on recusing themselves from cases where they may have a conflict of interest, or an appearance of one."

Multiple jurists on the High Court — most notably Associate Justice Clarence Thomas — are under intense scrutiny for receiving gifts and having personal financial relationships with individuals who had stakes in the outcomes of cases that came before the Court. Nonetheless, Republicans were less than cordial about the legislation.

"You're going to fail miserably. This bill is going nowhere," said Senator Lindsey Graham (R-South Carolina), while Senator John Kennedy (R-Louisiana) voiced similar, albeit more colorful criticism.

"You don't have to be Oliver Wendell Scalia to figure out that this legislation is meant to be a court-killing machine," Kennedy quipped. "This thing's dead as fried chicken on the Senate floor and it's dead as fried chicken in the House."

Meanwhile, Whitehouse pushed back against the GOP's claims that Democrats are attempting to "pack" the Court:

I would like to make a few points as we wrap this up. The first is I would react to the comments that some of my colleagues said Democrats wanna pack the court. My sense is the court has already been packed. It has been packed as the result of a very long and expensive effort run by a handful of secretive right-wing billionaires through a bunch of front groups.

The tally of the cost of the operation has risen from the original $250 million estimate of The Washington Post to now $580 million spent on trying to make sure that those billionaires succeeded in what has been characterized in this room as the long effort to make this a conservative court.

Watch Whitehouse's statement below via The Recount or at this link.

Politico's analysis continues here.

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